24:14:14:16.23Impartial hearing officer.

A hearing may not be conducted by a person who is an employee of the department, by a person who is an employee of a public agency or a nonpublic service provider that is involved in the early intervention services or care of the child, or by any person having a personal or professional interest that conflicts with the person's objectivity in the hearing. A hearing officer shall: (1) Possess knowledge of, and the ability to understand, the provisions of IDEA, federal and state regulations pertaining to IDEA, and legal interpretations of IDEA by federal and state courts; (2) Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and (3) Possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice. An individual who otherwise qualifies to conduct a hearing is not an employee of the department solely because the individual is paid by the department to serve as a hearing officer. The department shall keep a list of the persons who serve as hearing officers. The list must include a statement of the qualifications of each of those persons.

Source: 35 SDR 82, effective October 22, 2008; 39 SDR 109, effective December 17, 2012.